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Wiltshire Council confirms appeal against employment tribunal judgement

Wiltshire Council has lodged an appeal against a recent employment tribunal judgment which was made regarding an email sent, relating to proposed changes to the terms and conditions of some employees

Published 7 May 2024

Wiltshire Council has lodged an appeal against a recent employment tribunal judgment which was made regarding an email sent, relating to proposed changes to the terms and conditions of some employees.

The council disputes the tribunal's conclusion that the claimants against the council "were subjected to a detriment on grounds related to union activities".

The context of the cause of the tribunal was an email sent by Wiltshire Council's Chief Executive about the ongoing situation of the council proposing to change the contractual terms and conditions of some staff and possible subsequent industrial action as a result. The judgment was confirmed on 27 March, following a hearing that took place from 5-9 February at Bristol Employment Tribunal.

In its notice of appeal, which was submitted on 3 May, the council's grounds of appeal are based on a number of factors, including the Tribunal's interpretation of the overall purpose behind the email in question, the conclusions that the claimants had suffered a detriment as a result, and the Interpretation of section 146 of the Trade Union and Labour Relations Act 1992.

Terence Herbert, Chief Executive of Wiltshire Council, said: "We haven't made the decision to appeal lightly, but after carefully considering legal advice, we feel this is the correct course of action.

 "We have always believed our position in this case was strong and that the email at the heart of this issue was intended to correct inaccurate information and reassure staff that the council was working to resolve this as swiftly as possible, as our priority throughout has been, and remains, the wellbeing of our staff.

 "This appeal does not change our focus to resolve the terms and conditions issue as quickly and fairly as possible. Given this is now an ongoing case, it would be inappropriate to make further comments at this stage."

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